Legal Opinion

Staggers v. Otto Gerdau Co.

Court of Appeals for the Second Circuit

Decided April 11, 1966No. 249, Docket 30081PublishedCited by 63 opinions

1Opinion of the Court

HAYS, Circuit Judge.

The temptation is strong to dismiss this case as a hopeless imbroglio since a series of egregious errors committed by plaintiff’s attorney has so far complicated it that it is almost impossible to put it into shape for a consideration of the merits. The fact remains, however, that the merits have never been reached and for all that appears there may be a valid claim for breach of contract. We believe that one more opportunity ought to be given to straighten out the procedural preliminaries so that a trial on the merits can be had. To that end we reverse the orders of the…

2Cases cited5 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  4. Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
  5. Rosenblum v. DingfelderCourt of Appeals for the Second Circuit · 1940

3Cited by63 opinions

  1. Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
  2. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Louis Fennell v. Tlb Kent Company and Joseph PietrykaCourt of Appeals for the Second Circuit · 1989
  4. United States v. Leslie RobertsCourt of Appeals for the First Circuit · 1992
  5. Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969

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